What sexual orientation discrimination may look like:-
The law recognizes four types of sexual orientation discrimination:
- Direct Discrimination
- Indirect Discrimination
- Harassment
- Victimization
Direct Discrimination
This can manifest in three distinct ways where you are treated less favourably because of your sexual orientation, the sexual orientation of someone you are associated with or how your sexual orientation is perceived.
Indirect Discrimination
To file a claim under this you must be able to prove that the policy leading to unfair treatment represents a disproportionate and unnecessary way of your employer achieving an intended outcome, such as a wholly Muslim or coloured workforce – this can be extremely difficult and not taken without legal advice.
Harassment
The law defines harassment as “unwanted conduct” which, in this case, must be related to your sexual orientation. For an act to qualify as harassment, it must also have the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. It typically takes the form of bullying, nicknames, threats, jokes, gossip, inappropriate questions, insults or exclusion. You can also raise a complaint where you witness harassment and it has a negative impact on you or your working environment.
Victimization
Victimization is when an employee is singled out for cruel and/or unjust treatment because they:
- Made an allegation of discrimination;
- Supported a complaint of discrimination;
- Gave evidence relating to a complaint of discrimination;
- Raised a concern over equality or discrimination.
Notably, victimization can impact people who stood up for their colleagues and who suffered a detriment as a result, such as being labelled a troublemaker, being left out, or being denied training or promotion. As long as you bring an allegation for victimization in good faith, you will not face any negative consequences if your evidence turns out to be inaccurate or incomplete.
Common areas where sexual orientation discrimination occurs:
- Recruitment
- pay and terms and conditions of employment
- promotion opportunities
- training opportunities
- when an employee is dismissed.
What to do if you believe you are being discriminated against due to your sexual orientation
You should be conscious of the strict time constraints: discrimination claims must be brought to an Employment Tribunal within three months of the alleged discriminatory act. Ideally, you should try to resolve the issue informally by talking to your manager. If a formal internal complaint fails to resolve the matter. If an informal approach fails you should raise a formal complaint with your employer’s HR department, here we would politely suggest our involvement to check over the employers comply with their own and legal employment law.
Employers tend to be significantly more responsive when we intervene on your behalf.
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